Scotty 300

Hi there,

Need some sort of legal advice really, got opinions etc from people at work and CAB but no one is sure, anyone been through this.

Wife and i took a house joint signed, after 3 weeks she left went back to mums where as i have no family about so had to take on the 800 quid a month plus bills as she cancelled them all(fair enough)...i paid the first month but was broke, i was advised that find a room to rent and get out before next rent is due so i could afford to pay to go somewhere, otherwise homeless....

I told the landlord after the wife left that i loved the place and i was going to try hard to stay...

I left last week, well the wife wasnt paying anything since she left on the joint debt, i tried to scare her once by sending her a mail pretending to be the landlord to explain she is liable for half the rent still as she signed, well that got worked out and i was then told it was illegal to do it(TW@T), i moved out and used the rent to pay for someone to take me on for a month and i will move around month to month out of a suitcase, it is quite alright actually been everywhere so far.

Advise i am needing is that the landlord is quite p!ssed off, cause we wernt both honest with him(which is fair enough!) and is preparing to sue us both for the rest of the 10 month contract, i let him know i was moving out, and had to give most my furniture away, left a few bits in the house that i thought we be good to let him have as a good will gesture, like the new bed etc..

Well we are at the moment 1200 pounds in arrears as the rent was due recent, what can he do to me/my wife? he still has 700 quid security deposit, i am just a little worried bad enough i have come out with alot less i have come in with! while again she is off doing what she wanted, except now she is p!ssed that now she has to pay, i think she thought i was going to stay there so the landlord would have never gone after her...i am glad i am not going to have to pay it all, and i know i am liable for 50%.

He is getting his insurance company involved? what happens then? can they sue us for 10x rent, cause i havent got it, i have offered him 100 quid a month til it is paid off, but seems like he doesnt want that, why do people always want what you havent got...its not as if they can send the baliffs round though, lol.....

yours worryingly

Scotty

Harry_Boy

Joint and several liability.

Landlord can sue either or both of you for the full amount. Therefore he/she can choose whether to go against your or your wife. If he pursues you, it's up to you to reclaim the balance from your wife.

Did the CAB adviise you to serve notice on the landlord to terminate the tenancy? I'm assuming it's an Assured Shorthold?

Scotty 300

He knows i have gone and legally as the contract says we can only give notice one month before the contract expires, he can let us out of it in extreme circumstances, i think marriage split and her buggering off without paying, i couldnt afford it and still cant now... he has put the place back on the market i have been told, and also cab told me that he can only take us for court of money that we owe, so if he gets a new tenant for the property he cant charge us for it again....fingers crossed he finds someone soon

Rob D

Scotty, difficult one this but it all depends on what the contract says.

As your wife jointly signed it she will be liable for 50% of any final cost's involved no doubt, it was her responsibily to have the contract changed after she moved out.

Can't see what the insurance company has got to do with it??

My suggestion is to go and see a solicitor who will let you know where you stand.

Scotty 300

The insurers are the people that the landlord pays just incase of this, he still gets his money, and they come after you!

if they are a big company i am hoping i can make an arrnagement with them for a certain amount a month

Rob D

I see about the insurance but I would agree with what the cab is saying.

Does it state in the contract what the "extreme circumstances" are?

Scotty 300

Whatever the landlord sees fit....he can write you out whenever..when the wife left she did ring the landlord and tried to get out of it, but as he said why should i let you out and half my chances of getting money!

We shouldnt have taken it on....just a shame that it has to get to this...

i am sure if it goes to court they will accept a deal from each of us for a certain amount a month

Brit_in_Japan

My understanding is that an Assured Shorthold Tenancy agreement is weighted in favour of the tenant. A landlord cannot terminate the agreement within the 6 months tenancy period unless you have been breaking the terms of the agreement, trashing the place etc. However a tenant can give one months notice at any time.

I learned this from a friend and former housemate who is a solicitor during an episode where the letting agent tried to give us one months notice to leave when they had no legal right to do so.

Talk to CAB again or another solicitor who knows tenancy agreements. If you have an Assured Shorthold Tenancy agreement I cannot see how you would be liable for 10 months rent.

Gidney&Knowlesy

It probably won't ever see court & seeing a solicitor will cost you more than what you owe.

I should imagine (without the agreement but following usual Tenancy practice) the worst case scenario for you would be a CCJ, having to pay back what is owed. If the landlord is in a position to re let all the sooner, then better for you as you could argue that he has got his income in terms of a new tenant.

You'd be better off representing yourself at the moment & getting letters sent recorded delivery, for example telling him your scenario, wife left & you would offer £x amount per month till the debt was satisfied.

Some common sense & you may find no action at all is taken........as he has re let the property

Edward Vincent Osgood

You can give notice on an AST at any point after 3 months of the contract has run. AST are effectively only binding for 4 months and the landlord should know that.

Give the landlord 1 month's notice now/today and all you will be liable for is your arrears and 1 month's further rent. This is on the basis that the tenancy has been running for at least 3 months.

The insurance that he is talking about is a 'rent guarantee' that companies such as Homelet offer, if the landlord (or his agent) uses them to reference likely tenants.

This guarantee only covers a tenant who is still in occupation and defaulting on paying rent. If you give your notice today, legally breaking the contract by giving 1 month's notice, then you will not be chased by them for any subsequent rent due for the remainder of the contract.

Of course, the rent guarantee company or the landlord can legally chase you for any rent (inc arrears) covering the period you were in occupation and the 1 month notice period (whether you are in occupation or not).

WH Smith have a AST pack and sample lease for landlord's use and this is where (as a landlord) I got my info from. Think it costs a £10, probably worth buying if you are still worried.

Ed.

Ed.

Pistol_Pete

Scotty,
My family own a few properties that we rent out. Unless you trashed the place we wouldnt bother coming after you.
Its the non payers that dont move out that are a landlords nightmare. At least he can rent this one out pretty quickly again.
As extremeS said, I doubt it would ever see court. Its just not worth the hassle and cost for him.
I hope it all works out for you m8.

Harry_Boy

Sorry, but this is wrong. Joint and several liability means that each of you is effectively liable for 100% of the debt. The landlord can pursue whichever of you he feels it's easier to extract the money from.

It's the same situation as a mortgage. The only circumstance where this does not apply is where the tenancy agreement clearly states otherwise, and you hold the property as tenants in common. This would be very unusual.

However, the landlord has a duty to mitigate his loss. As such, if he find a tenant in the meantime, he can't charge you for the remaining term of the tenancy, if someone else is in occupation.

As has been poited out elsewhere, it's important for you to serve the landlord with notice, as this stops the clock ticking on your liability.

lozzaloz

Let the landlord initiate any legal stuff. He may decide that it's too much hard work, and if he knows you are broke and a court order cannot make you pay what you haven't got, he might not bother.

I don't know what sums are involved but as a landlord myself I had a similar case with a tenant - he left owing money but I didn't bother taking it further as I knew he didn't have the money to pay anyway, so legals was just throwing good money after bad if the court was going to tell him to pay £1 a week for the next million years.

Chances are he'll find a new tenant and will not be too much out of pocket in the end.

Good luck

lozzaloz

P.S. I'm still after a new tenant! 2 bed flat, nice landlord, available straightaway!

MattW

New user name???


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